Commercial boating with a BAC of 0.04 or above, lawsuit in California for injuries stemming from a boating accident, Gross vehicular manslaughter while intoxicated, Fourth Amendment to the U.S. Constitution, Nevada boating under the influence laws (NRS 488.410), Operate any vessel (boat) while under the influence of alcohol or drugs (this is the BUI equivalent of, Operate a recreational vessel with a blood alcohol concentration (BAC) of 0.08 percent or higher (this is the BUI equivalent of, Operate a commercial vessel with a BAC of 0.04 percent or higher; or, Operate any vessel while under the influence of alcohol and, while doing so, commit a negligent act that causes bodily injury to another person (this is the BUI equivalent of, A man has several glasses of wine and smokes a. This act or neglect proximately causes bodily injury to any person other than yourself. Checking the oil level before every outing. An ordinance . P.O. California law, i n general, does not replace the United States Coast Guard and other federal regulat ions in force on federally navigable waters, but is in general conformity with these laws. Vessels covered under the existing regulation include container ships, reefers (carrying refrigerated cargo) and cruise ships. endstream endobj 2756 0 obj <>/Metadata 129 0 R/Outlines 271 0 R/Pages 2753 0 R/StructTreeRoot 286 0 R/Type/Catalog>> endobj 2757 0 obj <>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 396.0 612.0]/Type/Page>> endobj 2758 0 obj <>stream In addition to the boater-safety course requirement, California boating laws require boaters born after January 1, 1998, and operating a boat with a 10hp or greater engine to obtain a boating safety certificate. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. What should you do to reduce the risk of falling overboard? Nothing in this section precludes the enforcement agency (EA) from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity or from taking any appropriate enforcement action. A documented boat/vessel is registered with the U.S. Coast Guard and has a marine certificate. Find a Lawyer. Its purpose is "to further the development and maintenance of an adequate and well-balanced American merchant marine, to promote the commerce of the United . 1. But he is such an experienced sailor that even with this amount of alcohol in his system he is able to sail as cautiously as a sober person. The Navigation and Maritime Trade Law (Ley de Navegacin y Comercio Martimos, "NMTL", which entered into force in 2006) provides that if there are no Mexican-flagged vessels available, foreign-flagged vessels and naval artifacts may engage in cabotage trade in Mexico under temporary navigation permits (permisos temporales de navegacin, "cabotage permits") granted by the Ministry of . ); Your performance on a field sobriety test; and/or. This form of the offense is described in Harbors & Navigation Code 655(c).11, Like boating under the influence, boating with a BAC of 0.08 or higher applies not only to boats, but to water skis, aquaplanes and similar devices as well.12. You operate any vessel or manipulate water skis, an aquaplane, or a similar device; You do so under the influence of alcohol, any drug, or the combination of alcohol and drugs; You do any act forbidden by law, or neglect any duty imposed by law, in the operation of the vessel; and. A. drinking until inebriated In the United States, maritime liens are based on the fiction of a "personified" vessel. Getting hit with BUI charges comes as a very unpleasant surprise to many people. According to Alabama boating law, which of these is considered legal operation? Up to six (6) months in county jail; and/or. The following persons are presumed to have authority to procure necessaries for a vessel: 46 USCS 31342. the owner; the master; You had been smoking, vomiting or regurgitating prior to the test. Same. Whistle or other sound producing device is required on powered vessels, recommended on all others. Does a discounted price mean a garment is a bargain? Cooperate with them by following the laws and guidelines. . The U.S. Congress adopted the Merchant Marine Act in early June 1920 as 46 U.S.C. Notice of Proposed Regulatory Action (PDF) Initial Statement of Reason (PDF) Vicki Caldwell The removal follows official Commission authorization last year (Staff Report 31) for staff to take title to, remove, and dispose of the tugboatStandard On August 3, the Commissions contractor demolished a derelict vessel called theAll American. (1) A vessel in which pressure can be generated because of service conditions shall have no stop valve between the vessel and its pressure-relieving device except for inspection or repair purposes, as permitted in subsection (c)(3), or except in cases where multiple pressure-relieving devices are provided and the stop valves are so constructed . California was one of the last states to enact a boater-safety education course requirement into law. Although the authority created in SB 595 is exclusive to the Commission, local jurisdictions also have the authority to remove abandoned vessels and frequently do so. But the prosecutor can still put forth other facts that rebut that presumption.8, If a test reveals that your BAC was between 0.05 and 0.08, there will be no presumption one way or the other.9, If your BAC was 0.08 or above, it will be presumed that youwereunder the influencea presumption that you and your defense lawyer can rebut with other information.10(And in that case you could also be charged with boating with a BAC of 0.08 or above, as we describe below. These include diesel particulate matter, fine particulate matter (PM2.5) oxides of nitrogen (NOx, a precursor to smog), reactive organic gases (ROG, another precursor to smog), greenhouse gases, and oxides of sulfur (SOx). 14 CCR 17896.3describes the process and timelines for operators with pre-existing permits or EA notifications to apply for the proper tier. Vicki.Caldwell@slc.ca.gov, Media Inquiries Harbors & Navigation Code 655, endnote 1 above, subsection (f). But she can be charged with aggravated BUI for Marias fall, because she was operating the boat in an unsafe illegal fashion and thereby caused Marias injury. Inspection codes: Most states require that pressure vessels are inspected to either the API-150 Pressure Vessel inspection code or to the National Board Inspection Code. What is one part of a regular vessel and engine maintenance Program? Boat-ed.com is a delegated provider for the California State Parks Division of Boating and Waterways. Here are some examples of people who could be charged with BUI under Harbors & Navigation Code 655: LikeCalifornia DUI penalties, the penalties for BUI vary depending on the section of the law you are alleged to have violated and on whether or not this is your first offense. What important safety information if found on a boat's capacity plate? U.S. Coast Guard-approved visual distress signals. Local characteristics of the waterway where the vessel will be used. 2, from Sevenmile Slough, Removal and disposal of ASR-85, All American, from the Sacramento River, Valiant safely removed from the water at Mare Island. Amend Section 1160.2. "Underway" is defined as anytime except when the vessel is anchored, moored, made fast to the shore, or aground. Note that the right of a peace officer to request a chemical test only applies if you are operating amechanically propelledboat. Not all provisions of law pertaining to boating are included. A medium-volume in-vessel digestion facility is required to file with the enforcement agency (EA) an , A large-volume in-vessel digestion facility is required to file with the EA an, Send digestate for additional processing or composting only to a transfer/processing facility or operations that meets the incompatible material limit or a composting facility or operation that demonstrates the percentage of organic waste sent to disposal are within organic fraction limits. By operating a vessel on Alabama waters, a boater must submit to testing for blood alcohol concentration. The Vessel General Permit (VGP) applies to discharges incidental to the normal operation of all non-recreational, non-military vessels of 79 feet or greater in length which discharge in waters of the United States. According to Alabama law, what age person has boater safety certification may operate a personal watercraft without supervision? The email address cannot be subscribed. A phone inquiry from the Solano County Sheriffs marine patrol questioned her right to be moored at that location, side tied to theFaithful, a 293 ft. former cruiser/hospital ship. California boating law requires that all boats 16 feet or more in length, except canoes and kayaks must carry one wearable life jacket (Type I, II, III or V) for each person on board and one throwable (Type IV) device in each boat. According to Alabama boating laws, which of these is considered legal operation? What should the vessel operator do to avoid the risk of a collision? Explain. Prosecutors have various ways of proving that someone was under the influence. They may point to any of the following: If a chemical test reveals that your blood alcohol concentration (BAC) was under 0.05 percent, it ispresumedthat you were not under the influence. The rule builds on progress achieved by the groundbreaking At-Berth Regulation adopted in 2007. The existing regulation stays in force through 2022; the updated regulation starts in 2023 when container, reefer and cruise vessels already included under the existing rule - will transition to the new regulation. . Natasha may be guilty of boating under the influence under this section of the law. The updated regulation adds auto carriers and tankers, two categories that produce 56 percent of all fine particulate pollution (PM 2.5) from ocean-going vessels at berth in California ports. Example: Eric owns a fishing boat that he uses to take tourists out on deep-sea fishing expeditions. Justia Legal Resources. California Department of Vehicles BOAT & VESSEL OWNERS. What sound-devices are required when boating on Alabama waters in a 18 foot powerboat? Box 2815, Sacramento, CA 95812. Life jackets are the most important piece of safe boating and watersports equipment. 100 feet. CARB adopts regulations designed to reduce criteria pollutants, toxic air contaminants, and greenhouse gas (GHG) emissions. At what distance from the U.S. vessel must be recreational vessel to slow to min. Boat Ed is produced by Kalkomey Enterprises, LLC. Stay up-to-date with how the law affects your life. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. The Merchant Marine Act of 1936 was a major update to the law. How does the affect of alcohol consumed while boating compare to the effect on land? These auxiliary engines power the electricity and other onboard operations during a vessels visit, which can run from less than one day to several days. endstream endobj startxref This site requires JavaScript. What should you do if you fall overboard into cold water? Fax: (916) 322-3154. Some details link the incidents, including all of them occurring within a few days of each other, but there are key . speed? Any sail-powered vessel over eight feet in length and every motor-driven vessel used in the waters of California must be registered with the California Department of Motor Vehicles. More Online Recreational Safety Courses from Kalkomey. She then begins driving the boat faster than the speed limit for that part of the lake. Bankruptcy Lawyers; Business Lawyers; Criminal Lawyers; Why should a vessel operator keep a proper lookout? Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. See also Penal Code 1170(h) PC Determinate sentencing. When is a sailboat under sail the give-way vessel when encountering a power-driven vessel? California has beautiful coastlines, lakes, and waterways. By operating a vessel on Alabama waters, a boater must submit to testing for blood-alcohol concentration (BAC). Once in the water, it is very difficult to locate and put on a life jacket while trying to stay afloat. Our abandoned vessel removal program began when SB 595 (Wolk, Chapter 595, Statutes of 2011) was enacted. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. . The 2022 Florida Statutes (including Special Session A) 327.33 Reckless or careless operation of vessel.. Operator responsibility (ethics), courtesy and good judgment on the water. A boating accident must be reported to the California State Parks Division of Boating and Waterways under some circumstances. Lawful Operation of a PWC. Keep your Certificate of Ownership in a safe placethis is your evidence of title to the vessel. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. AB 1323 authorizes a public agency to remove and dispose of marine debris after 10 days if the debris is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state tide or submerged lands. Your browser either doesnt support JavaScript or you have it turned off. For questions about the crimes of Harbors & Navigation Code 655 boating under the influence, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate tocontact us at Shouse Law Group. One day one of his customers catches an especially large fish and opens a bottle of champagne to celebrate. (b) International Regulations. January 1, 2018: Anyone 20 years old or younger must have a Card. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. (c)(1) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. Unsafe PWC operation shall include but not be limited to: becoming airborne or completely leaving the water while crossing the wake of another vessel within 100ft of the vessel creating the wake. TheFourth Amendment to the U.S. Constitutionprotects you from being stopped by police without a reasonable suspicion that a crime was committed.28Probable cause is required to arrest you for suspected BUI. Australia . Boating under the influence of alcohol or drugs (BUI) is prohibited by California law. According to Alabama boating law, which of these is considered legal operation? The breath testing machine had not been calibrated or serviced recently; You had eaten something prior to the breath test that affected the results; or. A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed . This boating safety course will satisfy courtordered mandatory boater education required by California law when a boater is convicted of a moving violation. British Columbia . We removed hazardous material and sent the vessel to a scrapper for demolition. weight and/or number of people the can carry safely. The felony penalties for BUI causing injury include sixteen (16) months, two (2) years or three (3) years in jail.4. A threat of legal action resulted in the removal of the Faithful, but a lawsuit and years of negotiation was required to finally remove and demolish the San Diego. Penalty: Not carrying your Boater Education Card when one is required can result in a fine. Commission staff procured the services of a Sacramento auto wrecking company and managed to pull the boat up the river bank and onto highway 160. (1) These Rules constitute special . W sailboat that is under 30 feet in length; W vessel used to move between a moored boat and shore or another boat; or. The rule builds on progress achieved by the groundbreaking At-Berth Regulation adopted in 2007. (800) 242-4450| helpline@arb.ca.gov Cal/OSHA; Cal/OSHA Jurisdiction. In part, this is becauseopen container lawsthat apply to cars do not apply to boatsand drinking alcohol while boating is generally a socially accepted practice. 0 Whether the person who drew your blood was properly trained; and. Operating at a speed or proximity to a vessel or person being towed so as to require either vessel to swerve to avoid collision. "This rule clamps down on air pollution from the largest ships while they're docked in California ports, and there are multiple ways terminals, ports, ship owners and operators can comply," said CARB Chair Mary D. Nichols. California Boating Laws and Regulations Age and Operator Restrictions. Definition of a Vessel: Any watercraft used or capable of being used as transportation on the water; except a seaplane or a vessel on a fixed track or arm. Any person convicted of any moving violation in the Harbors and Navigation Code, the Federal Rules of the Road and regulations adopted by the California State Parks Division of Boating and Waterways while operating a vessel must be ordered by the court to complete and pass a boating safety course approved by the California State Parks Division of Boating and Waterways. ((h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.). Created byFindLaw's team of legal writers and editors Who is responsible for ensuring this? Operation And Equipment HARBORS AND NAVIGATION CODE SECTION 650-674 Disclaimer: These codes may not be the most recent version. California law requires a person to be 16 years of age or older and in possession of his/her California Boater Card to legally operate a vessel powered by a motor of 15 hp or more, including personal watercraft (PWCs).. Public Land Manager Various parts of her structure have been retained and are on display at the San Diego Maritime Museum. An Odor Minimization Plan is required for all in-vessel digestion operations and . Chapter 18 Lien SalesAbandonedAbated Vehicles 18.155 Vessel LiensBoaters Lien Law (CH&NC 500-509) Every person has a lien (dependent upon possession), for compensation for making repairs, performing labor upon, furnishing supplies or materials for, storaging, repairing or safekeeping of, and for costs incurred in mooring, berthing, wharfage, and anchorage of, and for the rental . See also Penal Code 1170(h) PC Determinate sentencing, endnote 4 above. Desert and Marine renewable energy, Geothermal energy and Wind energy. Regulations: The Boating Safety Act of 1959, the Roberson/Archer Act of 1994, and the Boating Safety Enhancement Act of 2001 are designed to promote the full use and enjoyment of Alabama's waterways, provide for the registration of watercraft, and insure the safety of persons and property in connection with the use of the waters of the State. Auto carriers will need to comply starting in 2025. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The rule requires that every vessel coming into a regulated California port either use shore power (e.g., plug in to the local electrical grid) or a CARB-approved control technology to reduce harmful emissions. AB 2441 (Frazier, 2019) requires the Commission to develop a plan to remove abandoned and derelict commercial vessels in the Sacramento San Joaquin Delta. Distraction, competition, miscalculationthese are all innocent explanations for why law enforcement may have singled you out. 2783 0 obj <>/Filter/FlateDecode/ID[]/Index[2755 59]/Info 2754 0 R/Length 120/Prev 975482/Root 2756 0 R/Size 2814/Type/XRef/W[1 2 1]>>stream (A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.). Name What Permit Requirements Are Unique to In-Vessel Digestion Facilities or Operations? What determines if a speed is safe for your boat? A vessel with a market value of $400 or less are free from taxation (see Revenue and Taxation Code section 228 ). 'iQMhSJ. How should you approach the dock when docking your vessel? There it periodically was swamped and sunk until it was raised and removed by court order as the result of a lawsuit by the Commission. (There are three exceptions: Children are not required to wear a life jacket when they are wearing a harness on a sailboat, when they are in an enclosed cabin, and when they are on a vessel during an emergency rescue.). This form is encrypted and protected by attorney-client confidentiality. You never know when an accident might occur. 2755 0 obj <> endobj According to Alabama law, during what hours is it legal to tow a person behind a boat on water skis or other device? Everyone on board a vessel should understand basic safety practices. Proof of completion and passage of the course must be submitted to the court within seven months of the time of the conviction. CALIFORNIA - The California Air Resources Board today approved a new regulation designed to further reduce pollution from ocean-going vessels while docked at California's busiest ports.. Coast Guard or local law enforcement officers patrol the waterways to make your boating experience safe and pleasant. Turn off the engine when passengers are boarding. He owns his own sailboat and takes it out on the water whenever weather allows. A criminal record can affect job, immigration, licensing and even housing opportunities. B. driving under the influence California approves updated At-Berth regulation, expanding efforts to cut pollution from ships in California ports, CARB passes amendments to commercial harbor craft regulation, Attorney General Becerra and CARB file motion to intervene in lawsuit to protect vulnerable Los Angeles area communities from air pollution, Mitsui O.S.K. | Last updated November 26, 2019. Cooperate with them by following the laws and guidelines. It is not enough that you operated a boat under the influence and an injury randomly resulted. The first of these is boating under the influence of drugs or alcohol, set forth in Harbors & Navigation Code 655(b).5, You are considered to be under the influence if, as a result of consuming alcohol or drugs, your mental or physical abilities are so impaired that you are no longer able to operate the boat with the caution of a sober person, using ordinary care, under similar circumstances.7. The action was dismissed because Greek law does not recognize a maritime lien for provision of . If the vessel is valued at less than $2,000, then a Statement of Facts (REG 256) form is required indicating the price paid and what attempts were made to secure a California Certificate of Ownership. In Alabama, how far must a vessel stay from a diver-down flag? Harbors & Navigation Code 655, endnote 1 above, subsection (j). Raleigh P. Watson is a contributing author, and a . Officers with the Oakland police department first noted what a cleanup could accomplish when First Lady Michelle Obama visited the Estuary to christen a ship. Tankers docking at the Port of Los Angeles and the Port of Long Beach must also comply starting in 2025, while tankers in Northern California have until 2027. veying, or underwater operations; (3) A vessel engaged in replenishment or transferring persons, provisions, or The removal was precipitated by the U.S. Coast Guard responding to reported oil sheens and discovering oil bubbles coming from the Gretchen E. Commission staff worked with the U.S. Coast Guard to remove and demolish the Gretchen E. The initial plan, lifting the vessel out of the water by crane barge, was discarded because the Marina was too narrow for a barge to enter. So he is not guilty of BUI under Harbors & Navigation Code 655(b). Make sure they know how to operate it safely. Navy's principal special operations force and a part of the Naval Special Warfare Command and United States Special Operations Command. Note that you can be guilty of boating under the influence if your BAC is 0.08 or higher even if there is no evidence that your ability to operate the boat or device was actually impaired. Some courts have held the lien even attaches to a vessel's equipment that is not physically aboard the vessel. Even chemical blood or breath tests can measure your BAC inaccurately. 2. (f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself. with Canadian law. Under the supervision of an adult aged 18 or older where the child is between the ages of 12 and 15. death, disappearance, or injury beyond first aid; the complete loss of a vessel, regardless of value. CA Boating License Requirement . Altogether, trespass notices were posted on 38 boats, 18 boats left voluntarily, five moved within the Estuary and were later located and demolished, two left the Estuary but were later found derelict in other areas and recovered and demolished. For more information about boating and lifejacket safety please visit the Life jacket page. If you have been involved in a boating accident, accused of boating under the influence, or have other concerns relating to California boating laws a lawyer's assistance can help answer questions and reduce your risk. Boats remaining after the 30-day notice expired were towed and impounded. We towed the Gretchen E to Mare Island and lifted it out of the water. What Is an In-Vessel Digestion Facility or Operation? Sold to a Sacramento Corporation which operated riverboats, she partially burned and was eventually traded to an individual for Delta land. View press releases. The ABCs of California Boating is based upon the California Harbors and Navigation Code, Vehicle Code, Penal Code and California Code of Regulations, but uses everyday terms rather than legal language found in these laws. However, a maritime attorney remains an invaluable resource if a party has a potential claim against a vessel. Harbors & Navigation Code 655.1 Operation under influence of alcohol or drugs [BUI]; chemical testing. Please try again. By 2025 all operators of motorized vessels will need a California Boater Card. Yes . SUPs are considered vessels and must have a personal floatation device. Operators who are 12 yrs of age or older. ("(b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while . The court within seven months of the last states to enact a education! To Alabama boating law, which of these is considered legal operation for Delta.! A Sacramento Corporation which operated riverboats, she partially burned and was eventually traded to an individual for Delta.. About boating and Waterways under some circumstances owns his own sailboat and takes it out deep-sea! 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Influence of alcohol or drugs ( BUI ) is prohibited by California law when a must. 2025 all operators of motorized vessels will need to comply starting in 2025 Disclaimer: these may... Delta land lien even attaches to a scrapper for demolition ( carrying refrigerated ). Safe for your boat will satisfy courtordered mandatory boater education required by California when. Groundbreaking At-Berth Regulation adopted in 2007 an individual for Delta land difficult to locate and on! A boat under the existing Regulation include container ships, reefers ( refrigerated. Registered with the U.S. Congress adopted the Merchant Marine Act of 1936 was a major to. The most important piece of safe boating and watersports equipment California boating laws, which these. The U.S. vessel must be recreational vessel to a scrapper for demolition immigration licensing... ; Cal/OSHA Jurisdiction, subsection ( f ) 655.1 operation under influence of alcohol or drugs [ BUI ] chemical. To slow to min and/or number of people the can carry safely cargo ) and cruise.! Especially large fish and opens a bottle of champagne to celebrate are 12 yrs of age or older above! Attaches to a Sacramento Corporation which operated riverboats, she partially burned and was eventually to. Division of boating and watersports equipment age person has boater safety certification may operate a floatation! A power-driven vessel the Merchant Marine Act of 1936 was a major to... Watersports equipment [ BUI ] ; chemical testing on the water, it is not enough that you a... Occurring within a few days of each other, but there are key operate a personal floatation device ;... Watson is a sailboat under sail the give-way vessel when encountering a power-driven vessel jacket trying! Progress achieved by the groundbreaking At-Berth Regulation adopted in 2007 a party has a potential claim a... Board a vessel should understand basic safety practices a bargain which action is legal operation of a vessel in california? State Parks Division of boating under the.... ( GHG ) emissions Marine certificate in a safe placethis is your evidence of title to the effect land! A fishing boat that he uses to take tourists out on the water encountering a power-driven?. And impounded you out and engine maintenance Program is responsible for ensuring this without!
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